Westminster council has warned it will fight to evict tenants who took part in violent riots and looting – and their families – from social housing across the borough.

Jonathan Glanz, cabinet member for housing, called on the government to give councils more power to deal with the fallout from the riots, which spread across London earlier this week. Issuing a warning to those involved in the trouble, Glanz said: "Social housing isn't a right, it's a privilege and if people abuse that privilege then in common with anyone else they should face the consequences.

"Families have to take responsibly for children living in their households, and we have a responsibility to our communities at large. Many people living in these communities are playing by the rules and were not involved in criminal activity over the last few nights. They wouldn't want to live next door to people who are getting away with bad behaviour and enjoying the privilege."

He added that he would argue tenants evicted due to involvement in the riots had made themselves intentionally homeless, reducing the council's obligation to find them alternative accommodation. "Nobody is saying you have to go out looting and therefore it's a choice that has been made. It's about taking responsibility for your actions."

However, Westminster may find it difficult to evict tenants, as current laws suggest that councils can only remove residents when they commit antisocial behaviour on or around the grounds of their property. Emma Salvatore, a legal executive in the property litigation team at Trowers & Hamlins, said the locality restriction may prove to be a barrier for local authorities and housing associations.

"There are two limbs to this argument that councils must prove. First, that the behaviour of the tenant is proving a nuisance or annoyance to persons with a right to reside in the area. This does have to be in the locality of the property. The second is if the tenant has been convicted of an indictable offence, one that would be tried in the crown court rather than magistrates, but again this has to be in the locality," she said.

"Whilst it's commendable that landlords are thinking about taking this kind of action, it's not going to be an easy action for them to bring. A lot will depend on what each tenant was doing, the level of violence and whether it's just theft, as well as their whereabouts."

Other councils, including Greenwich, have now followed Westminster's lead and are looking into their ability to evict tenants actively involved in the riots this week. Housing minister Grant Shapps has also shown his support for stronger action.

"Criminal or antisocial behaviour in the local neighbourhood by a tenant or a member of their family can provide grounds for eviction," he said.

"The government is looking to strengthen those powers and so anyone involved in the current unrest should stop and think about the long-term impact that their actions will have on the rest of their lives. We will strongly back social landlords who take their behaviour into account."

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